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1. This appeal arises out of a suit brought by the plaintiff-appellant Messrs. Boulton Bros. & Co. (India) Ltd., against the defendant, The New Victoria Mills Co. Ltd., for certain reliefs on the basis of a contract of agency entered into by the parties, under which the plaintiff company were made the managing agents of the defendant company.
2. The plaintiff company came into existence early in 1921 with its office at No. 10 Alipore Road, Delhi. Although it was a separate legal entity having been incorporated in India (as its name indicates) under the Indian Companies Act of 1918 it may be regarded as an Indian branch of the English Company, Messrs. 'Boulton Bros. Ltd.' which was considered a few years before as a premier business concern with a well-established reputation in high commercial circles. The Memorandum of Association issued by the plaintiff company advertised as one of its objects the carrying on of
all kinds of agency business in relation to the investment of money, the sale of property and the collection and receipt of moneys and to take part in the management, supervision or control of the business or operations of any other company, association, firm or parson and to act as the managing agents, agents, secretaries or other officers of any such company, association, firm or person, and in connexion therewith to appoint and remunerate any directors, accountants and other experts or agents.
3. W.W. Boulton and R.G.H. Boulton, the two brothers who were at that time dominating personalities in the business were its only directors. There can be no doubt that the plaintiff company derived its importance from the name it bore, from its supposed control by the two brothers and from the connexion popularly believed to exist between it and the English company of the same name.
4. The defendant, New Victoria Mills Co. Ltd., was started in October 1920 with a capital of 5 crores of rupees. It took over the assets and liabilities of its predecessor 'The Victoria Mills Co. Ltd.,' which ceased to exist under circumstances not material to the present case. The defendant company carried on the business of
Spinners, weavers, manufacturers, balers and pressers of all jute,...cotton, wools hair and other fibrous materials at Cawnpore where it had its registered office.
5. At the time the agreement of agency was executed (1st February 1922) the directors of the defendant company were:
1. Mr. A. West.
2. ,, B. West.
3. ,, A.A. Black.
4. ,, A.H. Silver.
5. ,, W.G. Clarke who retired in April 1922 and Mr. W.W. Boulton was appointed in his place.
6. The management of the defendant company was vested in Messrs. A. West, B. West and A.A. Black, who were in receipt of regular salaries and 5 per cent. of the profits
after deducting depreciation but before taking anything to reserves or making any provision for income-tax, super-tax or similar charges.
7. Article 119 of the Memorandum of Association of the defendant company provided that
the company by extraordinary resolution may at any time determine that the business of the company shall be carried on by managing agents, subject to the direction and control of the directors, and such meeting may appoint any company or firm to be the managing agents of the company; should such meeting fail to make any such appointment, then the directors shall appoint such company or firm to be the managing agents of the company as they shall in their discretion determine.
8. At an extraordinary general meeting of share-holders held on 16th January 1922 the plaintiff company were appointed managing agents for a term of 20 years, and the agreement dated 1st February 1922 was duly executed. The plaintiff company are thereunder entitled to 10 per cent.
on the half-yearly profits of the company after deducting interest on debentures, or other moneys borrowed but before placing anything to depreciation, reserve or other special accounts and before making any provision for income-tax, super-tax or other like impositions and with a guaranteed minimum of rupees fifteen thousand in every half year
an office allowance of rupees one thousand per mensem payable monthly
as remuneration for their services as managing agents. Such services are not, however, categorically enumerated in the agreement.
9. It is a question in the case as to whether the plaintiff company discharged their duties as managing agents of the defendant company but it is common ground that they received from the defendant company (1) Rs. 29,430 representing their share of the commission for part of the period of agency included in the six months ending on 31st March 1922 and (2) Rs. 60,829-8-10 for the six months ending on 30th September 1922.
10. In December 1922 suspicions were aroused as regards the reputation and credit of Boultons in commercial circles. In January 1923 the directors of the defendant company regarded the association of plaintiff company damaging to the interest of the former company. On 29th March 1923 the directors of the defendant company passed a resolution dismissing the plaintiff from the managing agency created by the agreement of 1st February 1922. This resolution was confirmed at an extraordinary general meeting of share-holders on 7th April 1923. The regularity of these meetings and the validity of the resolutions passed at them are questioned by the plaintiff. It is, however, admitted that the plaintiff company ceased to act as managing agents from that time.
11. In December 1923 one Mr. Treeby, a share-holder of the defendant company, instituted a suit before the Subordinate Judge, Cawnpore, challenging the legality of the aforesaid meetings and resolutions, but that suit was eventually withdrawn after some correspondence with the legal advisers of the defendant company.
12. The suit out of which this appeal has arisen was brought on 30th September 1924 for the following reliefs:
13. Firstly, for recovery of Rs. 34,666-7-0 being the commission earned by them, during the six months from 1st October 1922 to 31st March 1923, including expenses incurred by the plaintiff company in the discharge of their duties an managing agents;
14. Secondly, for a declaration that the proceedings of the meeting of directors held on 29th March 1923 were 'ultra vires, null and void,' notice of the meeting not having been given to one Mr. D'Souza who was an alternate director for Mr. W.W. Boulton, a permanent director absent from India;
15. Thirdly, for a similar declaration with regard to the proceedings of the meeting of the share-holders held on 7th April 1923;
16. Fourthly, as a result of the 2nd and 3rd reliefs, for a declaration that the dismissal of the plaintiff company resolved on by the directors and share-holders was not operative, leaving the plaintiff's position as managing agents under the agreement dated 1st February 1922 unaffected and subsisting upto the date of the suit;
17. Fifthly, for recovery of Rs. 54,000 being the commission and office allowance for the two half years ending on 30th September 1923 and 31st March 1924;
18. Sixthly, for recovery of rupees 16 lacs as damages for wrongful dismissal before the expiry of the term of 20 years stipulated for in the agreement of 1st February 1922, in case 2, 3 and 5 reliefs are not granted.
19. The defence, as put forward, in the written statement of the defendant, was that
the plaintiff company never took over nor did it ever attempt to perform the duties required under the agreement of 1st February 1922
the business of the defendant company was carried on by Messrs. A. and B. West and A.A, Black, the directors thereof, as it always had been done,
that the meetings held on 31st March 1923 and 7th April 1923, were duly convened and the plaintiff's dismissal decided on at those meetings was justified under the circumstances of the case.
20. The learned Subordinate Judge held against the plaintiff on all the questions raised in the case. He found that the plaintiff never acted as managing agents of the defendant company, that they were regularly dismissed and for good cause by the directors and the share-holders at their respective meetings held on 29th March 1923 and 7th April 1923.
21. The appeal of the plaintiff has been pressed on almost all the grounds urged before the lower Court, The execution and validity of the agreement dated 1st February 1922 being admitted it would be convenient to consider the plaintiff's right to each of the reliefs claimed by it.
22. As regards the first relief it should be noticed that the plaintiff claims commission and incidental charges for the half-year ending on 31st March 1923, i.e., just after the order of dismissal passed by the directors on 29th March 1923. Two sums had been paid by the defendant company on the same account for part of the half year ending on 31st March 1922 and for the half year ending on 30th September 1922 as already mentioned. It is not suggested in the pleadings that the payments were made by the defendant company through any fraud practised on it by its directors who were responsible for the payments or that there was any collusion between the plaintiff company and any of the directors of the defendant company. No attempt has been made to account for what would appear to be most extraordinary conduct of the directors of the defendant company if we assume that the plaintiff company never acted in any manner as managing agents and that the agreement of 1st February 1922 remained throughout a dead letter. On a careful consideration of the evidence adduced in the case we are led to the conclusion that the agreement was intended to be immediately operative and that the plaintiff company did enter on their duties as managing agents. It may be that after 14 months' experience of the agency the defendant company realized that it had made a bad bargain and in view of altered circumstances it was justified in terminating the contract of agency, a question which has to be dealt with at its proper place.
23. Articles 119 and 120 of the memorandum of association of the defendant company run as follows:
119. The company by extraordinary resolution may at any time determine that the business of the company shall be earned on by managing agents, subject to the direction and control of the directors, and such meeting may appoint any company or firm to be the managing agents of the company; should such meeting fail to make any such appointment then the directors shall appoint such company or firm to be the managing agents of the company' as they shall in their discretion determine.'
'120. The terms of the appointment of such managing agents shall be embodied in an agreement between the company and that such managing agents and the directors shall execute such agreement for and on behalf of the company and carry the same into effect with full liberty nevertheless to agree to any modification thereof either before or after the execution thereof.'
24. As we read the articles they provide, in effect, that once the company by extraordinary resolution determines to have its business carried on by managing agents and fails to nominate the agency, the directors are bound to appoint some 'company or firm' as managing agents. A duty has been thrown on the directors to have the agreement of agency executed and 'carry the same into effect.' Liberty has been reserved to the directors to agree to any modification' of such agreement 'either before or after the execution thereof.' These duties and powers of the directors have an important bearing on the conduct of the directors and the legal consequences thereof after the agreement, dated 1st February 1922, came into existence. The language of these articles clearly indicates that the agreement of agency when entered into is to have immediate effect and that the directors should enforce it.
25. On 6th January 1922, a notice was issued calling an extraordinary general meeting of the share-holders for 16th January 1922, for considering the resolution
that as on and from the 1st day of February 1922 the business of the company be carried on by managing agents subject to the direction and control of the directors, and that Messrs. Boulton Bros, and Co., (India) Ltd., a company duly incorporated under the Indian Companies. Act and having its registered office at No. 10 Alipore Road, Delhi, be and they are hereby appointed to be the first managing agents of the company with effect as on and from the said 1st day of February 1922, and upon the terms set forth in the draft agreement submitted to this meeting.
The exact terms of the resolution actually passed are not known as a copy of it has not been produced, at least it is not part of the printed record but it was probably passed in terms of the notice which makes it clear that the plaintiff company were to act as managing agents 'with effect from the 1st February, 1922'. This was followed by a letter addressed by the defendant company to the plaintiff company enclosing a draft of the agreement and intimating that the latter had been appointed managing agents 'from the 1st February 1922.' The agreement was executed in due course. It purports to be in pursuance of Article 119 of the memorandum of association of the defendant company and provides:
(1) The company hereby appoints the managing agents to be the managing agents of the company as on and from the 1st day of February one thousand nine hundred and twenty-two upon the terms and conditions hereinafter expressed and the managing agents hereby accept the said appointment.
(2) The managing agents shall be the first managing agents of the company and they and their successors in business whether under the same or any other style shall continue and be the managing agents of the company (unless they shall voluntarily resign that office) for the period of 20 years certain from the said first day of February' one thousand nine hundred and twenty-two and thereafter until they shall be removed therefrom by an extraordinary resolution of the company passed at an extraordinary general meeting specially convened for that purpose, and of which not less than twelve calendar months' notice shall be given, and at which persons holding or representing by proxy or power-of-attorney not less than th of the issued ordinary capital of the company for the time being shall be present.
(3) Until otherwise mutually arranged the remuneration of the managing agents shall be firstly a commission at the rate of 10% on the half yearly profits of the company after deducting interest on debentures, or other moneys borrowed, but before placing anything to depreciation reserve or other special accounts, and before making any provision for income-tax, super-tax or other like impositions and with a guaranteed minimum of Rs. 15,000 in every half year; the said commission shall be payable half yearly immediately after the audit of the companies' accounts for the half year has been completed, and, secondly, an office allowance of Rs. 1,000 per mensem payable monthly to be increased at the discretion of the directors if and whenever the directors shall consider any such increase justified.
(4) In consideration of the said remuneration the managing agents shall provide a suitable office and office establishment for the company but at the expense of the company and the managing agents shall be entitled to charge and be paid for office rent and the cost of office establishment and for all actual postages, telegrams, stationery and the like expenses, and the company shall pay all salaries and commission, if any, payable to all persons employed solely in the company's business and shall also bear and pay such proportion of the salaries and commission, if any, of any expert or other person employed by the managing agents, partly in connexion with the business of the company and partly in connexion with other business as the directors may from time to time determine.
(5) The managing agents may also in addition to their duties as managing agents of the company perform any other duties and work for the company which the directors may decide and shall receive such reasonable and proper remuneration for such work as shall be from time to time agreed upon between the said managing agents and the directors, such remuneration being in addition to the remuneration as aforsaid.
(6) The managing agents shall have power to make, draw, endorse, sign, accept, negotiate and give all cheques, bills-of-lading, drafts, orders, bills of exchange, Government of India and other promissory notes and other negotiable instruments required in the business of the company, and may also sign and give all receipts, releases and other discharges for money payable to the company and for the claims and demands of the company and to exercise such of the powers of the directors as may from time to time be delegated to them.
That the agency is to take effect from the 1st February 1922 is laid down in clear terms in the first clause.
26. We have laid stress on the agreement taking effect from its date because it has been argued before us that in so far as specific powers were not delegated to the managing agents the agreement should be deemed to have remained in abeyance. Reference is made to a sentence occurring in the proceedings of a meeting of directors held on 16th January 1922 recording the resolution passed at the extraordinary general meeting of share-holders by which plaintiffs were appointed managing agents. That sentence runs thus:
An informal discussion took place regarding the delegation of powers to the managing agents and the matter was deferred to a later date.
27. We are unable to accede to the contention that the effect of this action of the directors was to shelve the whole arrangement, in spite of the provisions of Article 119 and 120, the resolution passed at the extraordinary general meeting, and the agreement. The duties to be performed by the managing agents were well understood in a general way by the parties to the agreement which, therefore, makes no attempt to enumerate them categorically but refers to them in Clause 5. The business was carried on by Messrs. A. West, B. West and A.A. Black and it is admitted that their duties were not at any time defined. The subsequent conduct of the parties which is hereafter discussed altogether refutes this suggestion.
28. The terms of the agreement are indeed very favourable to the managing agents and one is struck by the remarkable readiness with which the defendant company accepted them. The explanation is furnished by Mr. Silver one of the directors who piloted this transaction on behalf of the defendant. He says:
Two main advantages were held out, firstly the worldwide influence of the Boultons to find new markets for the mill product. Mr. Boulton claimed that through one of his connected companies they had special facilities for trading with Roumania. I knew it to be a market which bought that class of goods largely. I asked him how he was going to get the goods in as India did not supply that market. He said that he had special credit arrangements there. He further said that he had arranged to buy further 15 lacs worth of ordinary shares of the defendant company and this added to their present holding or the holdings of friends controlled by them of 26 lacs meant that they would then be controlling a total of 41 lacs or more than half of the total ordinary capital of the defendant company.
29. Whether the representation which is here attributed to Mr. Boulton was really made by him and whether it was true or otherwise we do not pause to consider. They did subsequently purchase shares of defendant company to the value of 15 lacs only to pass them on the Halwasias. No case of fraud or misrepresentation vitiating the agreement was made either in pleadings or arguments. That the directors believed in almost unlimited powers of Boultons and were dazzled by the great reputation which Boultons were believed to enjoy in the commercial world in those days is not disputed by the respondent whose learned Counsel himself relied on the evidence of Treeby to the effect that Boultons 'had a reputation of being great financiers' and had 'grand connexions' in Europe. How far this belief was created by Boultons themselves and how far the directors verified the information through other sources are immaterial. The disillusionment of the defendant company occurred about a year later when it was realized by the directors, specially Mr. Silver, that their relations with the plaintiff company were not to their advantage. But in the beginning of 1922 the directors of the defendant company, in common with many other business men, attached exaggerated value to the association of the name of Boultons with their company as managing agents. W.W. Boulton was elected a director of the defendant company with effect from 1st October 1921 and was appointed to act as 'London director when in England.' It was with an expression of regret that his resignation was accepted on 16th January 1922. He was re-elected on 22nd March 1922. The Boulton Bros. and Co., Ltd., (India) were founders and managing agents of a number of companies most of which had a short existence and had to go in liquidation in 1923 or thereabout. The Alliance Bank of Simla came to grief partly, at any rate, through the business activities of Boultons. There is no doubt, however, that Boultons had a great and wide reputation as financiers and for their resourcefulness in promoting the interests of companies. (The judgment then discussed evidence and continued.) It was not long before the disillusionment came and the directors realized that the defendant company had to pay too much in the shape of commission to the plaintiff company for no substantial gain to themselves. This occurred when they lost faith in the magic of Boultons' name and in their supposed influence in the commercial world. The first eye-opener was the failure of Halwasias, the selling agents appointed by the plaintiff company. We have little doubt that the choice of plaintiffs fell on Halwasias not because they were expected to revolutionize the sale of accumulated production in the godowns of the defendant company, but the selection was prompted by the readiness of Halwasias to take over the 15 lacs worth of shares of the defendant company, which the plaintiffs had undertaken to buy and did buy. The failure of Halwasias as selling agents may be partly attributed to the unfavourable conditions of the market in those days but it does not appear that there was any reason for the plaintiffs to think that their nominee would be an improvement on the former selling agents in any respect.
30. The disappointing results of the change in selling agency for which the plaintiff company were responsible might not have brought matters to a head but by December 1922 the downfall or exposure of Boultons in England was so far known in commercial circles in India that Mr. Silver 'began to consider the desirability of removing the managing agents in the latter part of December 1922.' This idea materialized on 29th March 1923. In the meantime the Boultons became so discredited that a number of companies with which they had been associated either went in liquidation or otherwise came to grief. Mr. Silver seems to have taken prompt and commendable steps to dissociate the defendant company from the managing agency which undoubtedly subsisted and which was regarded as positively harmful. Ex. 57, p. 301, Ex. 21, p. 305, Ex. 22, p. 307 and Ex. 74 p. 309 afford interesting reading and illuminate the situation as it was in the beginning of January 1923 when Mr. R.G.H. Boulton was desirous of coming to Cawnpore to discuss certain matters concerning the affairs of the defendant company and Mr. Silver, who was 'not prepared to accept his suzerainty,' suggested contrivances to Mr. Black to have the discussion in the presence of Mr. Silver as he did not apparently consider Mr. Black equal to the task of holding his own against Mr. Boulton. At the meeting of the directors held on 29th June 1923, the question of terminating the agency of the plaintiff company was openly mooted in the presence of Mr. R.G.H. Boulton. The minutes of those proceedings contain the following:
Mr. R.G.H. Boulton suggested the appointment of Mr. C.F. Treeby to a position on the staff of the company to supervise on behalf of the managing agents the accounts and books of the company. The Chairman pointed out that the company's present staff is adequate for the present and that they would not be prepared to approve of any expenditure in such connexion. He further asked Mr. Boulton whether he thought it would be in the interests of the company that the connexion of the managing agents with the company should thus be made more apparent; the Chairman went on to say that in the best interests of the company its affairs had been conducted for the past year by the directors themselves, and all operations had been in the name of the company itself. Mr. Boulton admitted that under the present conditions the association of the name of Boulton Bros. with the affairs of the New Victoria Mills Co. could not be advantageous to the company, although he hoped that at some future date he would be in a position to show that their name might be useful to the company. The Chairman said that when such a time arrives the Board would very gladly reconsider the position and Mr. Boulton accordingly dropped his proposition.
31. Eventually the managing agents were dismissed on 29th March 1923 at a meeting of directors. The proceedings of that day in which Mr. Silver took a leading part further emphasize the fact that the managing agents were considered then to be a really functioning body. They may here be quoted with advantage. They run thus:
The minutes of the last meeting having been approved the Chairman Mr. Silver said he desired to make it clear that in proposing certain actions to be taken with regard to the managing agents he was doing so in his capacity as an elected director of company and not as ex-officio representative of the managing agents, on the Board. He explained that certain large and influential share-holders had urged upon him the necessity in the best interests of the company of forthwith removing from office the present managing agents Boulton Bros. & Co., (India) Ltd. After full discussion of the position and careful consideration the Board unanimously passed the following resolutions:
(1) Resolved that it is expedient in the interests of the company that Messrs. Boulton Brothers and Co. (India) Ltd., be removed from the office of the managing agents of the company and that they be not permitted hereafter to act as such agents.
(2) Resolved that the share-holders be asked to empower the directors to appoint Messrs. Allen Brothers & Co. (India) Ltd., as managing agents of the company on terms to be agreed upon the directors and confirmed by the share-holders in due course.
(3) Further resolved that the notice be issued forthwith to share-holders convening an extraordinary general meeting for the 7th day of April. The notice convening this meeting produced before the directors is approved.
The notice is hereto appended.
32. The above brings out fully (1) the fact that Mr. Silver was an officio representative of the managing agents which capacity, he warned, should not be confused with the one in which he professed to act, viz., as 'an elected director' and (2) the fact that the managing agency of the plaintiff company was admitted to be existing till that day and they were 'not permitted hereafter to act as such agents' who are described as 'present managing agents.' It is unfortunately too late for Mr. Silver to maintain that the plaintiff company did not at all function as managing agents and for the defendant company to plead that they did not enter on their duties so as to entitle them to receive the commission which the terms of the agreement dated 1st February 1922 entitle them to. It is true the services rendered by the plaintiff company were not of a substantial character but the responsibility for the defendant company not having had full value for the amount of commission to which they continued to be liable lies with their directors who allowed things to drift too long. They ought to have insisted on the managing agents putting forth their best endeavours, prescribed their duties, and if they failed to show signs of activity the agency should have been terminated long before 29th March 1923. But so long as the agency subsisted the defendant company remained under their contractual obligation to pay the commission in terms of the agreement which created mutual rights and obligations of a continuing nature. Section 39, Contract Act, provides that:
When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance.
33. In the case before us there was acquiescence in the continuance of the managing agency up to 29th March 1923, inspite of all the shortcomings of the plaintiff company in the discharge of their duties under the agreement. The defendant company desire to act towards the plaintiff company like a master who allowed his servant to remain idle for the whole month and objects at the end of the month to paying his (the servant's) salary on the ground that he did little or no work during the whole month.
34. The learned Counsel for the defendant-respondent had to fall back upon a line of argument which brought face to face with the defence as put forward in the written statement of the defendant company. It was contended that the outward management of the affairs of the defendant company was exactly as it was before the agreement, that there was concealment from the defendant company, i.e. from the share-holders, of its officers having been appointed to work for remuneration in managing its affairs, that these officers were in receipt of salaries from the company and that in so far as the directors tolerated this state of things their action was ultra vires.
35. A number of authorities including English cases were cited in support of the proposition that where there is conflict between duty and interest the servant or agent must disclose any understanding likely to result in gain to him, arrived at between the servant or agent and a third person who enters into a contract with the master or principal, otherwise such a secret bargain being a fraud on the master or principal will entitled him to rescind the contract with such third person. In this connexion reference was made to Section 91-A and 91-C, Companies Act, Transvaal Lands Co. v. New Belgium (Transvaal) Land and Development Co-[1914) 2 Ch. 488, Panama and South Pacific Telegraph Co. v. India Rubber, Gutta Percha and Telegraph Works Co. [1875] 10 Ch. 515, Shipway v. Broadwood [1899] 1 Q.B, 369 and Hukman v. Kent or Romney Marsh Sheep Breeders Association [1915] 1Q.B.D. 881:
36. The general proposition of law contended for is unexceptionable but involving as it does important questions of fact a case like this is not open to the defendant company, at this stage, and it is inconsistent with the pleas laid in the written statement on which the trial of the case proceeded. Reference may be made to para. 31 of the defendant's written statement in which it is alleged that the plaintiff company never performed the functions of the managing agents and that Messrs A. and 13. West and A.A. Black never worked for the plaintiff company nor received any remuneration. It has been found that they worked as sub-agents and received remuneration to the knowledge of the defendant company. They are no parties to this suit and have not been even examined as witnesses. It would be unfair to them to given effect to such a plea, (if otherwise open to the defendant company) which cannot prevail without attributing to them concealment and fraud said to have been practised by them at the time when the agreement of 1st February 1922 was entered into between the parties to this case and during the time it subsisted and without assuming that the defendant company was unaware of the arrangement which existed between the plaintiff company and the three directors of the defendant's company. If such a case had been originally set up plaintiff could have controverted it by proving circumstances which take the case out of the purview of the rule and which negative concealment and fraud. There is an important circumstance not now disputed that the plaintiff company did receive commission from the defendant company for part of the half year ending on 31st March 1922 and for the half year ending on 30th September 1922. Unless it was for work done by the plaintiff company through the sub-agency of the three directors of the defendant company, it is not conceivable and it has not been explained why such payments were made. It has been shown that the three directors professed to work for the plaintiff company openly and in the office of the defendant company. There is no suggestion that the sub-agency was in contemplation at the time the agreement of 1st February 1922 was negotiated and completed. The power of attorney authorising the three directors to work for the plaintiff came into existence later though the interval is not very long. The defendant company might well have defended the action on the line attempted by its learned Counsel before this Court and might have presented a formidable case but for reasons of their own they deliberately refrained from alleging fraud and collusion against their directors. Though Mr. Silver was personally free from the taint of fraud he could not have in that case felt as easy as he did in the witness-box. He represented the plaintiff company on the Board of the defendant company. The commission was paid to the plaintiff company on two occasions to his certain knowledge. Be that as it may, we are clearly of opinion that this belated case should not be entertained and that the defence succeeds or fails according as we find that the plaintiff company failed to enter on its duties or did function though not very satisfactorily and the defendant company would have been justified in terminating the contract of agency much earlier than they did. Our view is that the evidence established the latter case and that the plaintiff company are in consequence entitled to the first relief. The amount of money to which they are entitled will be found in the concluding part of the judgment.
37. The plaintiff's case for reliefs 2 to 6 may be disposed of together. They have reference to the proceedings of two meetings: (1) of the directors held on 29th March 1923, and (2) of the share-holders held on 7th April 1923 at which resolutions were passed terminating the managing agency of the plaintiff company and their consequent removal. The broad question is whether the plaintiff's company were effectively removed from their office. The determination of it depends in a great measure on the further question whether the defendant company were entitled to terminate the agreement dated 1st February 1923 before the expiry of twenty years stipulated for therein. In our opinion they were so entitled. It has already been stated earlier in this judgment that the great incentive for the defendant company to obtain the services of the plaintiff company as managing agents was the world-wide reputation which Boultons had at that time, deservedly or otherwise and that the defendant company considered the association of the name of Boultons with their own as a great commercial asset likely to enhance their prestige in commercial circles and had great expectations regarding the sale of their production in foreign markets and in India through the influence of Boultons. These expectations had been partly, at any rate, created or encouraged by the Boultons, a fact which might well have been relied on by the defendant company if a case of fraud or misrepresentation had been pleaded by them.
38. A glance at the balance-sheet of the plaintiff company shows that it lived on the reputation of Boultons but without any real capital. Of the subscribed capital of 42 lacs, 40 lacs represented its goodwill and shares of that value were held by Boulton Bros, and the remaining two lacs was held by the Alliance Bank of Simla as security and does not seem to represent any real value: see Treeby, pp. 15-16, Book II and D'Souza, pp. 26-27. The plaintiff's own witnesses Treeby and D'Souza tell us that the 'grand reputation' of Boultons had so far suffered that by March 1923 'their name carried absolutely no weight.' Mr. Silver strongly felt, and for very good reasons, that harm was being caused to the defendants by their connexion with the plaintiff company who had besides utterly failed 'to do anything constructive for the defendant company.' He made efforts towards the end of December 1922 to elicit information from the plaintiff's company regarding their balance-sheet but the latter persistently withheld it. 'We have now seen' it and the reason for its concealment is obvious. At the meeting of directors held on 29th January 1923, Mr. R. G H. Boulton could not help admitting that the name of Boultons was odious in financial circles and that
under the present conditions the association of the name of Boulton Bros, with the affairs of the New Victoria Mills Company could not be advantageous to the company although he hoped that at some future date he would be in a position to show that their name might be useful to the company.
39. The plaintiff's own witness Treeby gives a list of companies which the Boultons floated and which went in liquidation in 1922 or thereabout. He considered the credit of Boulton Brothers was very bad in February 1922 and would not
as a shareholder of Victoria Mills agree to give the managing agency to them.
40. In this state of things the defendant company was clearly within its rights to terminate the agreement of 1st February 1922, regardless of the term of 20 years entered therein in consideration of the advantages then forthcoming but which were quite out of question in March 1923. A great deal of case-law was cited in course of the arguments but we content ourselves by referring to the dictum of Lord Esher, M.R. in Pearce v. Foster [1886] 17 Q.B.D. 536, that
the relation of master and servant implies necessarily that the servant shall be in a position to perform his duty fully and faithfully... what circumstances will put a servant into the position of not being able to perform in a due manner, it is impossible to enumerate. Innumerable circumstances have actually occurred which fall within that proposition, and innumerable other circumstances, which never have yet occurred, will occur which also will fall within that proposition.
41. Lindley, L.J., who delivered a separate judgment in the same case indicated that though a servant may have been employed for a fixed number of years he can be dismissed during the term if his connexion with the employer raises a reasonable apprehension of injury to his reputation. We think that moral delinquency in the servant is not the only justification. Whatever may be the cause which so alters the position of the servant as to render his retention harmful to the master would justify his removal within the term agreed on under different circumstances. For obvious reasons a contract of service of this kind cannot be specifically enforced: see Section 21(b), Specific Rel. Act. As regards damages Section 205, Contract Act, provides that
where there is an express or implied contract that the agency should be continued for any period of time, the principal must make compensation to the agent, or the agent to the principal, as the case may be, for any previous revocation or renunciation of the agency without sufficient cause.
42. It seems to us that the Indian statute law on the subject is very elastic and damages for termination of agency before expiry of the agreed term cannot be recovered as a matter of course. It is only where such termination is without 'sufficient cause' that damages can be recovered. The circumstances of each case will determine the question whether there was sufficient cause. It will largely depend upon the nature of the business to which the agency relates, the personal qualifications which existed when the contract was entered into, the altered conditions which since came into existence and their probable effect on the interests of the employer. No hard and fast rule can be laid down for any class of cases. We feel no difficulty in arriving at the conclusion that in the circumstances which happened the defendant company was amply justified in severing their connexion with the plaintiff company, who are not entitled to any damages on that account.
43. It has been contended that the, resolutions passed at the meetings of directors and share-holders respectively on 29th March 1923, and 7th April 1923, removing the plaintiff company from the office of managing agents were ultra vires in consequence of the aforesaid' meetings being irregular. The irregularity complained of is that no notice of the meeting of the directors was given to Mr. D'Souza who was an alternate director for Mr. W.W. Boulton and as such entitled to sit and vote at the meetings. Article 138 of the Memorandum of Association of the defendant company does provide that
a director who is absent from India may appoint any member of the company or any other person to be an alternate director during, his absence from India and such appointment shall have effect and such appointee while he holds office shall be entitled to notice of meetings of the directors and to attend and vote thereat accordingly;... any appointment and removal under this article shall be effected by an instrument in writing under the hand of the appointer.
44. Article 139 provides:
that an alternate director shall in the absence of a direction to the contrary in the instrument appointing him be entitled to receive notice of and to vote at general meetings of the company on behalf of his appointer....
45. It is common ground that Mr. W.W. Boulton, who was a director of the defendant company, was in England in February 1923 and thereafter. His brother Mr. R.G.H. Boulton used to represent him as an alternate director for him at the meetings of the defendant company. He left India some time in February 1923. Mr. D'Souza, is said to have been appointed an alternate director by a letter dated 19th February 1923 addressed by Mr. W.W. Boulton to the 'Chairman New Victoria Mills Co. Ltd., Cawnpore, India,' but forwarded by the plaintiff company to whom it had been apparently sent in the first instance. Its material portion is as follows:
In the absence of Mr. R.G.H. Boulton, my present alternate on the Board, I desire that Mr. C.M. D'Souza be appointed my alternate in his place and shall be glad to have your confirmation in due course.
46. This letter was acknowledged on 21st February 1923 by Mr. A.A. Black for the defendant company who intimated to the plaintiff company that its covering letter with that of Mr. W.W. Boulton would be placed before the Board of Directors at their next meeting which happened to be one held on 29th March 1923 when it was resolved that the plaintiff company be removed from office. The material part of the resolution runs thus:
(1) Resolved that it is expedient in the interests of the company that Messrs. Boulton Brothers and Company (India) Lid. be removed from the office of the Managing Agents of the company and that they be not permitted hereafter to act as such agents.
47. It is noteworthy that the meeting was attended by Messrs. A.H. Silver (Chairman), B. West, A, West and A.A. Black. The plaintiff company acted as managing agents through the three persons last named who were thus parties to the decision that the plaintiff company be not permitted hereafter to act as... agents. It is not disputed that the plaintiff company in fact ceased to act as managing agents.
48. At the same meeting the letter of Mr. W.W. Boulton intimating his desire that Mr. D'Souza be appointed as alternate director was considered and the following resolution was passed:
Resolved that the appointment be confirmed but it is to be noted that should Mr, W.W. Boulton not return to India by 1st April 1923 or obtain special leave of absence, his appointment as director will be vacated under Article 106(d) of the Company's Articles of Association.
49. Article 106(d) referred to provides that the office of director shall ipso facto be vacated if (inter alia) he be absent from the meetings of the directors during a period of three months without special leave of absence from the directors. We would point out in passing that this rule applies only to cases where the director in question did not attend in person or through his alternate and could not apply to Mr. W.W. Boulton who was represented at previous meetings by Mr. R.G.H. Boulton. The directors, however, took a different view and declared at their meeting of 6th April 1923 that Mr. W.W. Boulton ceased to be a director.
50. The general meeting of the shareholders came off on 7th April 1923 and the removal of the plaintiff company was confirmed.
51. By his letter of protest dated 10th April 1923 Mr. D'Souza pointed out that the removal of Mr. W.W. Boulton from his office as director was not justified, that he (Mr. D'Souza) was entitled to receive notices convening the meeting held subsequent to the date of the letter of Mr. W.W. Boulton appointing him an alternate director and claimed to be entitled to receive notices in future in his capacity as alternate director. The legal adviser of the defendant company traversed these allegations by his letter dated 13th April 1923.
52. On these facts several technical objections have been taken on behalf of the plaintiff to the regularity of the proceedings which purported to terminate the managing agency of the plaintiff company. We think that these objections, even if technically well-founded, are only of academic interest in view of our finding already arrived at, viz., that the defendant company were justified in putting an end to the agreement and did in point of fact remove the plaintiff company from their position as managing agents. The plaintiff company would not have been entitled to any damages if no irregularity had occurred. They have not suffered any loss due solely to the irregularities complained of. It is not pretended that if Mr. D'Souza had been duly present the resolutions would not have been passed by this majority, and his dissentient vote would have been of any consequence. The dismissal, if otherwise justified, cannot be characterized as wrongful because the means adopted to bring about that perfectly legitimate end were not warranted by the rules of procedure applicable to the case unless it is shown that the non-observance of those rules itself resulted in harm to the party dismissed. This being our view, we are relieved of the necessity of discussing the case-law placed before us by the learned Counsel on both sides,. We would, however, briefly indicate our opinion on the various points raised in arguments in this connexion. We are disposed to agree with the plaintiff's learned Counsel that D'Souza's appointment as alternate director took effect from the date of the letter appointing him, viz., 19th February 1923, that he was entitled to receive notice of the meetings held on 29th March 1923, 6th April 1923 and 7th April 1923. But the plaintiff company have merely prayed for the declaratory relief:
that the plaintiff company are and continue to be the managing agents of the defendant company on terms and conditions embodied in the agreement, dated 1st February 1922.
53. They do not in fact 'continue to be the managing agents' having admittedly been prevented from acting as such. If it be declared that they are entitled to act as such, the relief will be futile inasmuch as they do not claim the further and consequential relief of injunction that the defendant company be restrained from interfering with the discharge of their duties as managing agents. We think the proviso to Section 42, Specific Relief Act is applicable to the case and no declaration can be granted to the plaintiff company assuming the irregularities in question make the resolutions in question ultra vires.
54. Another impediment to the plaintiffs being awarded this relief is that the subsequent conduct of the defendant company as a corporate body is not in doubt. They have carried out the dismissal of the plaintiff company in practice and have defended this action by strenuously maintaining such dismissal.
55. The result of the findings arrived at by us is that the plaintiff company are not entitled to reliefs 2 to 6. They are entitled to the first relief in part. They have claimed thereunder the sum of Rs. 34,666-7 details of which are given in para. 26 of the plaint. A sum of Rs. 15,000 is claimed as the minimum amount of commission for the half year ending 31st March 1923 in terms of the agreement dated 1st February 1922. To this they are entitled on the view of the case we have taken.
56. They claim a sum of Rs. 14,000 as office allowance stipulated for in the agreement at the rate of Rs. 1,000 p.m. We are of opinion that they are not entitled to any part of it. They did not establish an office for the defendant company. It is difficult to understand the almost extravagant remuneration which the agreement allows to the plaintiff for merely maintaining an office for the defendant company who are to pay for the establishment over and above the 1,000 a month to the plaintiff company for vague and undefined supervision. The plaintiff company did not establish such an office. They were not paid the allowance for part of the 1st or for the 2nd half year. The allowance was payable every month. It was not till 23rd December 1922, that the plaintiff thought of claiming it by their letter of that date. The directors were greatly surprised at this demand and recorded a minute on 5th January 1923, in these words:
The (?) expressed its surprise at the receipt of a letter, dated 23rd December 1922, from Messrs. Boulton Bros, and Co., (India) Ltd.. claiming a sum of rupees one thousand per month as office allowance as managing agents and asking for a cheque for the amount accrued to date. This matter was fully discussed with Mr. W.W. Boulton, when the agreement was being considered and it was then verbally arranged that although the clause would not be deleted from the agreement it would not have effect so long as the company's operations continued to be conducted by the existing management and also so long as the existing offices of the company proved adequate for the business of the company.
57. On receipt of this reply the plaintiff company promised by their letter dated 26th January 1926, to refer to Mr. W.W. Boulton on the subject and to write to the defendant company on hearing from him. The demand was not renewed and we do not know whether Mr. W.W. Boulton was written to and whether he confirmed the allegation of the directors of the defendant company. The silence on the part of the plaintiff till the institution of the suit points to abandonment of their claim or what comes to the same thing, to a tacit admission of what the directors had asserted. It has been argued before us that the plaintiff company did maintain an office at Alipur Road, Delhi, which served as a virtual compliance with the agreement to establish an office. We have no hesitation in rejecting this contention. The Delhi office was the registered office of the plaintiff company who paid for its maintenance and establishment. It could not be an office for the transaction of the business of the defendant company who would have been called upon to bear the expenses incidental to it if it had been one in terms of the agreement. The plaintiff's claim under this head must therefore fail.
58. The plaintiff also claimed a sum of Rs. 2,719-7 entered in the books of the defendant company to the credit of the plaintiff in respect of certain subsidiary charges. The learned Counsel for the respondent conceded in course of his argument that the plaintiff company are entitled to receive this sum. The learned Subordinate Judge disallowed this amount on the ground that the plaintiff company were overpaid in the shape of commission to which they were not entitled. We are unable to accept this reasoning. Moreover we have held that the plaintiff company were under the circumstances rightly paid. This sum must be awarded to the plaintiff company. The plaintiff company have claimed interest at the rate of 6 per cent per annum on the sums due to them. Although the manner in which they acted in relation to the agreement of 1st February 1923, was unfair they cannot be denied reasonable interest by way of damages on sums which the directors of the defendant company did not pay but ought to have paid as a necessary corollary of their conduct in accepting such services as the plaintiff company chose to render under the agreement. There was no justification for detaining the sum of Rs. 2,719-7 admittedly due to the plaintiff apart from commission. We hold, therefore, that the plaintiff company should be awarded interest at the low rate claimed by them.
59. The result of our findings is that this appeal is allowed in part and a decree is passed in favour of the plaintiff for a sum of Rs. 17,719-7 (15000 + 2,719-7) with interest at the rate of 6 per cent per annum from 1st April 1923, to date of realization. The decree of the lower Court is upheld as regards the rest of the plaintiff's claim. Parties shall receive and pay costs of both Courts in proportion to their success and failure.


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Lochinver // 25 August
A special live musical performance for a beautifully atmospheric film shot in Assynt…
Screen Machine, Harbour Area, Lochinver, Sutherland, IV27 // How to get here
Join curator Shona Thomson for Made on Our Land: Lost Treasure at Lochinver, a special archive film screening with live music in partnership with Glasgow Short Film Festival (GSFF) as part of a Scotland-wide tour looking at the rural lives, landscapes and culture of Scotland on the big screen: Made on Our Land.
For the prestigious opening night event in March this year, GSFF commissioned a new audio-visual re-working for the 60th anniversary of a lost archive film the majority of which was shot in Assynt. In 1956, a socialist filmmaking collective embarked on an ambitious project documenting rural depopulation in Caithness and Sutherland which was never completed. LOST TREASURE is a beautifully atmospheric performance responding to the abandoned film: assembled by filmmaker Minttu Mäntynen and accompanied live by renowned musicians Drew Wright (Wounded Knee) and Hamish Brown (Swimmer One). The screening will be followed by an informal blether with the performers about the land use issues raised in the film still pertinent today.
With thanks to The Royal Bank of Scotland and the Edinburgh Sutherland Association whose support has enabled this special event to happen.
On tour from the Outer Hebrides to the Scottish Borders, Made on Our Land is part of the BFI Britain on Film project: making thousands of newly digitised film and TV titles from archives across the UK available to view online. Event duration: 90 mins approx.

subset: commoncrawl


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Diageo PLC, (NYSE: DEO) a major alcoholic beverage company, and distributor of brands such as Johnny Walker, Baileys and Smirnoff can now add Casamigos to its list of offerings.
A deal surfaced yesterday in which it was reported that Diageo will pay up to $1 billion, with $700 million coming with signing and $300 million coming from sales benchmarks over the next 10 years, for the premium tequila brand. This deal comes as a bit of a surprise to shareholders as the price point is very high. However the company believes that the fast expanding Casamigos will be able to return a positive EPS four years after full completion of the acquisition. In fact, the tequila brand championed by George Clooney is one of the fastest growing in the sector, shipping 120,000 cases in 2016 and expecting to ship over 170,000 in 2017, having only been launched in 2013.
The company plans to expand the brand to countries outside the United States and use the premium quality and association with one of Hollywood's biggest stars to penetrate overseas markets. With the financial and infrastructural backing of Diageo, the brand Casamigos is expected to continue growing organically, with Clooney as well as his two co-founders, Rande Gerber and Mike Meldman, expected to stay on and continue operating the brand.
Investors reacted somewhat poorly to the news of the acquisition, with shares of DEO dropping about 2% in early Thursday trading, due to the high price point set by the company. However, the company remains unperturbed as it is priming for long term growth in the lucrative premium tequila market.


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Circular No. 701/17/2003-CX
12th March, 2003.
Government of India
Ministry of Finance and Company Affairs
Department of Revenue
Central Board of Excise & Customs
Subject : Central Excise- Refund of unutilized Credit of Additional Duty of Excise (Goods of Special Importance) in terms of rule 5 of CENVAT Credit Rules, 2002 – regarding.
I am directed to say that representations have been received expressing doubt whether unutilized CENVAT Credit of Additional Duty of Excise levied under Additional Excise Duty (Goods of Special Importance) [AED(GSI)] Act, 1957 paid on the fabrics used for the manufacture and export of ready made garments can be refunded in terms of rule 5 of CENVAT Credit Rules, 2002( hereinafter referred as to the said rules). A view has been expressed that refund of such credit can not be granted as in the first place, credit of AED (GSI) paid on fabrics is not admissible in view of restriction clause in rule 3 of the said rules on utilization of such credit and the fact that AED(GSI) is not leviable on finished product i.e. ready made garments.
2. Board has examined the matter. It is observed that as per rule 3 of the said rules, CENVAT credit of AED(GSI) paid on fabrics may be taken even though the manner of utilization of such credit is restricted in terms of sub rule (6). Incidentally this restriction is also removed vide Notification No.13/2003-CE (NT) dated the 1st March, 2003. Since the admissibility of credit of such duty cannot be disputed in view of specific provision of the said rule 3, the refund of unutilized credit of such duty is admissible under rule 5 of the said rules.
3. Accordingly, it is clarified that the refund of AED(GSI) shall be allowed under rule 5 of CENVAT Credit Rules, 2002 regardless of the fact that the said duty is not leviable on the finished product. Pending cases if any, may be decided accordingly.
4. Trade and field formations may please be informed suitably.
5. Receipt of the same may please be acknowledged.
6. Hindi version will follow.
Vijay Mohan Jain
Under Secretary to the Government of India


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Multiwear - Mom's Tops - Jersey Tank Cardimom Purple
Regular price $18.95
The Jersey Tank Cardimom is a sleeveless option in a Jersey Knit material.
- It is great for balmy weather and as a coverup for yoga and pilates.
- With this great price, it is a great entry-level shower gift for a friend! Both machine washer and dryer friendly.
- It is sized one size up because it will shrink after drying several times.


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Gerald Rohan
Professor of Strategic Management and MPO
Gerald Rohan holds an MBA from Iona College, a graduate of NYU Business School, has extensive experience with PricewaterhouseCoopers. He is formerly the Director of Global Energy and Mining at PWC and the co-chair of the Energy committee at AmCham.
He has taught at The Plekhanov Academy for several years.


text:
Swedish Posture Flexi White M-L
Free delivery from €200
Recommended: combine it with...
Swedish Posture Flexi White S-M
Swedish Posture Flexi Black L-XL
Characteristics Swedish Posture Flexi White M-L
A reminder that you wear 1-3 hours at the time to encourage you to straighten up. Wearing it makes it more comfortable and natural to be upright then to slouch.
- Improves your posture, can be used anywhere and anytime. At work, while cooking, during the walk or at home in front of the tv.
- Reduces neck and back pain – keeps shoulders down and back
- Discrete, comfortable & washable. Unisex
- Use 1-3 hours at a time
- For more information scroll down, tutorial video, images etc
- Improve your posture
Posture Flexi is a kind reminder that activates your muscles for improved posture. You can wear your Posture Flexi with a loose fit, as it only tightens when you slouch, encouraging you to straighten up. Why is a good posture important? Your body posture affects body language, mood and results. Good posture increases your wellbeing and decreases stress levels, while you strengthen back and core muscles.
- Slim posture corrector
Flexi was designed for you. It is comfortable, adjustable and thin so you can wear it under your clothes. No pinching or chaffing.
- Easy to use
Flexi has a velcro strap that makes it easy to put on, take off, and adjust while wearing it. Flexi gives you a low intensity training while you're doing other things. It's comfortable and discrete and can be worn every day during the training session or at the office.
- Enhance your frame
No more slouching or slumping or hunching over your computer. Our Flexi harness is a kind and gentle reminder to enhance your physique and your appearance.
User guide Posture Flexi
- Wear your Posture Flexi with a loose fit so it only tightens when you relax your core and slouch. It encourages
- you to straighten up.
- Posture Flexi has a regulating strap to ensure a perfect fit and is easy to put on, adjust, and take off.
- Posture Flexi gives you low intensity posture training while you're doing other things.
- With Posture Flexi on, it's more comfortable to straighten up than to slouch.
- Relieves tension, stress, and stiff shoulders.
- Wear your Posture Flexi over a vest or t-shirt.
- Can be washed at 40 °C.
Comparative Swedish Posture Flexi White M-L
Shipping Swedish Posture Flexi White M-L
- Delivery feeFree delivery on orders over €200
- Availability Backorder
- Delivered at
Exclusive product or product that is on request. If you are interested in these products, please send an e-mail to coming soon and you will be informed about the delivery time of this product.
At fitnessdigital we seek complete satisfaction for our clients and we know that delivery charges are an inconvenience and therefore fitnessdigital offers free delivery for orders over €200. On orders up to €100 delivery costs are €9.99 and between €100 and €200 the delivery costs are €6.99. The shopping basket automatically updates the delivery costs. At fitnessdigital we also take great care over the delivery and always do everything possible to ensure that the delivery times are respected. For this reason we work with transport leaders such as TNT, DHL, DACHSER, DPD or UPS.
- Please note that if you order more than one product, you might receive them on different days and/or with different transport companies; in this case too we do our very best to respect delivery time of all the products ordered.
- The transport carriers will deliver to the ground floor entrance of the building or property. Delivery does not include taking the merchandise up to a first floor nor does it include installment.
Not at home for the delivery? If an attempt at delivery is made and there is no one at home, the transport agency will leave you a note instructing you to contact them so that you can confirm a new delivery date. When the transport company delivers the goods, please check the following:
- That the number of packages coincides with the number indicated on the delivery note. If the number of packages does not coincide, please note this on the delivery note before signing for the delivery.
- That the packaging does not show any signs of being misshapen or damaged. If you have any doubts, make a note on the delivery note about the appearance of the packages and get in touch with us.
Payment methods Swedish Posture Flexi White M-L
Credit cardNo surcharge
Pay securely with the following credit cards: VISA, VISA Electron, 4B, or Mastercard
or with an authenticated credit card (Verified by Visa / Mastercard SecureCode).
If you have a credit card that allows you to purchase in internet, and you have a code or password that allows you to pay on-line, this is a good and comfortbale way to pay for you. Payment on-line means that your order will be paid for right after checkout, and is therefore very fast. fitnessdigital.ie is 100% secure. We guarantee the safety of your credit card information. All credit card information is handled with the utmost security and will never be released to any other organisation under any circumstance.
PayPalNo surcharge
Your order will be sent upon receipt of the PayPal confirmation of payment of the full amount. What is PayPal?
fitnessdigital could sometimes ask a customer to use a certain payment methods ( for instance if the information given to us is not complete or seems to include false information). This could be the case when we are not able to properly identify who the customer is. We could sometimes ask for specially added documents as well, in order to prove payment
Delivery costs, delivery time and terms and conditions for free delivery are the same for all payment methods
All payments must be made in €.
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Checkout BetterWorks's career page or our Jobs Board for other opportunities
Enterprise Account Executive (SF)
Founded in 2013, BetterWorks provides software for continuous performance management. The platform helps organizations like AOL, BMW, Kroger, GoPro, Sony Music and Schneider Electric improve employee performance through seamless goal setting and ongoing feedback. BetterWorks is headquartered in Redwood City, CA, with an office in New York City. Backed by Kleiner Perkins Caufield & Byers, Emergence Capital and 8VC, our experienced team comes from innovative companies like Amazon, Box, Google, LinkedIn, Palantir, Salesforce and Yammer.
Job Description
Are you looking for a once-in-a-lifetime opportunity to join the ground floor and help build the New York office of the hottest new Enterprise software company in the world?
By joining BetterWorks you will be part of one of the most talented teams from the Silicon Valley surrounded by an advisory board of technology legends. We are looking for an experienced, high-energy, goal-oriented Enterprise Account Executive to close business in the West Region for BetterWorks.
As an Enterprise Account Executive at BetterWorks, you will use your extensive enterprise and consultative selling skills to build long-standing relationships with prospective customers and executive leaders. You will employ effective selling strategies to successfully position BetterWorks as a goal-setting platform built for the enterprise. In the role, you will develop customers into key references for BetterWorks.
If you have a stellar sales track record, are a self-starter, are interested in being a part of something extraordinary, and have the ability to build meaningful relationships with future customers, then this is the team for you.
- Present a thorough territory / strategic accounts plan with a detailed outbound lead generation strategy
- Meet with C-level, LOB executives and other key stakeholders
- Close net new, Fortune 1000 accounts
- Work with sales team to promptly qualify and develop inbound opportunities
- Identify and close quick, small wins while managing longer, complex sales cycles
- Understand the competitive landscape and customer needs in order to effectively position BetterWorks
- Exceed activity, pipeline and revenue targets.
- Track all customer details including use case, purchase time frames, next steps, and forecasting in Salesforce
- Leverage solution approach to selling and creating value for customers
- Prioritize opportunities and applying appropriate resources
- Bring creative selling ideas to the team
- Ensure 100% satisfaction among all customers
- 4-year college degree
- 7+ years of enterprise sales experience
- 5 years prior experience selling SaaS (HCM/HRIS solutions a huge bonus)
- Extensive prior customer relationships with C-level
- Ability to simply articulate intricate cloud technologies
- Successful track record of exceeding sales quotas in an early stage start-up environment is a plus.
- Proven ability in managing complex, enterprise sales cycles from start to finish with a track record of successful revenue attainment
- Experience as a leader in a team selling environment
- Outstanding written and verbal communication skills
- High energy and positive attitude with a passion goals
- Base Salary: $100,000 - $120,000
- On Target Earnings: $200,000 - $240,000 (Uncapped)
- Stock Options Available
- Work closely with a cross functional team of highly motivated and intelligent folks with a unique range of startup and enterprise experience
- Vibrant company culture with frequent team building events
- Frequent guest speakers from around Silicon Valley
- Mentorship opportunities
- Competitive salary with stock options
- Daily catered meals
- Fully paid parking pass or CalTrain pass
- Unlimited in-house snacks & drinks


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Lots 57/58 40th St Drive SE Cedar Rapids, IA 52403
- 0.58 Acres
- 160 X 157 Lot Size
Easy access to/from 1st Avenue. Verify all conditions, use, etc. with city/county offices accordingly. Marion city water and sewer services available but no current hook ups. Marion city district taxes with Cedar Rapids school district taxes.
Request More Info or Schedule a Showing
Lena Gilbert
- Realtor® CRAAR 2015 Rookie of the Year, 2017 Top 100 Agent
- Mobile319-241-9249
- Office319-364-3104
Property Details
- Status
- Active
- 1709680
- Property Type
- Land/Lot/Farm
- Elementary School
- Kenwood
- Middle School
- Franklin
- High School
- Washington
Map & Community
Driving Directions
About Cedar Rapids
Known as the City of Five Seasons, Cedar Rapids celebrates winter, spring, summer, fall, and a fifth season meant to enjoy life and all the other seasons. As the second largest city in the state of Iowa, Cedar Rapids is a vibrant city offering a dynamic arts and culture scene, a thriving downtown area with a wide variety of restaurants and nightlife and a growing urban living community. After experiencing a devasting flood in 2008, the Cedar Rapids community has flourished. With more than 1.5 billon spent for revitalization the community is booming with new and renovated entertainment venues and historic neighborhoods have been renewed. The Newbohemia district is a fast growing community offering a year round farmers marketing, local shops such as Raygun - famous for t-shirts - and aplethora of local bars and restaurants. Visit...
Mortgage Calculator
- Listing Agent: Lena Gilbert
- Office: Skogman Realty
- Data courtesy of Cedar Rapids Association of Realtors MLS


text:
Re: looking for Alaniz relatives or info
In reply to:
looking for Alaniz relatives or info
Noe, Hi my name is David Alaniz, and my dad and his father were from Rio Grande. My dad left there after vietnam, but if I can help, please e-mail me with any questions. My grandfather was Marcelino Alaniz Sr. and my grandmother was Francisca Munoz Alaniz. I still have quite a bit of family still in the area.


text:
19245416, Connector
Please help our community — upload your photos of 19245416.
This is a connector, brake pressure mod valve front brake pipe (not for sale where remanufactured imports are restricted) (4.740), for Chevrolet, Chevrolet Trucks, Oldsmobile Trucks, Cadillac Trucks, and GMC Trucks automobiles. It fits for 121 General Motors vehicles which were sold in the U.S. from 1995 to 2007. It's a genuine General Motors part with an OEM part number 19245416.
This connector has dimensions 1.40 in × 2.50 in × 1.40 in, it has a weight of 2.40 ounces, usually, it comes in a set of 1 item in retail packaging.
This part has a standard 12 months GM warranty on replacement parts, and it may be returned to a dealer.
This connector 100% fits for General Motors cars. It's made of top quality materials, it has passed not only all manufacturer's tests but also General Motors quality control and has to endure rough road conditions over a long time.
In spite of higher price of genuine parts buying this connector will be a smart decision because you will be absolutely sure that it will serve you longer and will provide maximum safety and performance for your car.
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Part 19245416 has been superseded
- 12548291 is interchangeable with 19245416 since March 1, 2011 for the U.S. market;
- 12548291 was replaced with 19245416 on December 20, 2010 for Canada market;
- 12540296 is interchangeable with 12548291 since September 1, 1994 for the U.S. market.
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Parts related to 19245416 connector:
- Valve kit 12475489
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- Bolt 12476150
- Bracket 12545901
- Gasket 12548260
- Bolt 12548267
- Seal 12548272
- Valve kit 12548278
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Doctors Would Like You to Advocate for the Healthcare
Anybody you never know me knows of my ongoing knee surgery saga. Physician after physician, treatment after treatment – it's frustrating. I am a healthcare advocate and it is an exasperating experience for me personally. I'm able to only pray for anyone who require help navigating the healthcare system and do not know where to start.
I lately saw a brand new memory foam surgeon since the one I've presently cannot appear to know why I have discomfort three several weeks after my surgery. "Well, you do not have anything wrong along with you structurally," he stated. "I'm unclear why you're in discomfort." When you're in discomfort, you won't want to hear that the physician does not know why. More frustration, with no avenues regarding how you can address it.
And So I known as my insurance provider to find out if they covered second opinions. They did, and that i made a scheduled appointment using the brand new one that my physical counselor suggested.
Because the physician walked along with an eager youthful intern, he introduced themself and shook my hands firmly. It appears like we spoken for some time, he did not hurry me whatsoever. He required time to inquire about me things i felt was wrong and provide me his opinion about my knee issues. He offered me a new diagnosis and a few new different solutions of treatment too, rather of a slave to having a dumbfounded check out his face. He really explained which i no more require a surgeon, which i require a rehab physician to follow along with my condition at the moment.
Not just that, he requested about me. He desired to understand how my discomfort affected me and my lifestyle. What my discomfort stored me from doing. As he requested me about my career, I told him which i would be a healthcare advocate. And what happens he stated?
"That's just great. I meet a lot of patients that do not speak up throughout their appointments since they're afraid of me. If only patients would ask the questions they have to and apply me his or her physician. When they don't, then what goes on?Inch
This plea is from a physician. Physicians want active patients that are looking to get familiar with their care (a minimum of the physicians with no ego). Get ready for your appointments and obtain the most from them.


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We are delighted to announce that TBR has recently won a weekly commission to provide flowers to central London's fab event venue One Great George Street. But not only that! We've also been added to their list of recommended floral designers for any events hosted at this unique location.
The gallery above shows TBR designed flowers in situ in a variety of different event spaces within.
This beautiful building could not reside in a more iconic setting, right next to the Houses of Parliament and Westminster Abbey. For a smart London wedding venue registered for civil marriages and partnerships you simply couldn't get more authentic.
With rooms to fit any event from a wedding or Gala dinner to a meeting or conference, One Great George Street is an elegant choice. Their dedicated Wedding Co-ordinators and event managers oversee every detail. For more information see www.onegreatgeorgestreet.com or contact email@example.com
Flower photos by Paul Dawson


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Mechwarrior Online
MechWarrior Online is a real-time game where one day in the real world is equal to one day in the game. January 1, 2012 is equal to January 1, 3049. Players take the role of piloting BattleMechs, and can align themselves with one of the Great Houses, form their own Mercenary Corporation, or play as a lone wolf. Of note for this particular timeline in the MechWarrior universe is the impending arrival of the Clans upon the Inner Sphere Houses.


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A man found last week behind a Flower Mound church with a bevy of guns and ammunition was planning to murder a man he blames for ruining his marriage, police say.
Police found Robert Hulsey in his car behind a church in the 200 block of Flower Mound Road on Nov. 7. Officers had initially been called to a nearby shopping center around 7:40 a.m. in regards to a man wearing combat-style clothing and carrying two assault rifles.
Hulsey, 34, had allegedly been asking about a man who worked at a chiropractor clinic in the shopping center. During an interview with police, Hulsey said he believed the man caused his marriage to fail.
"When asked if he planned to kill [the man], [Hulsey] nodded in the affirmative and began to cry," according to a probable cause affidavit.
Capt. Wess Griffin told WFAA considering the firepower the suspect had, it's possible a mass shooting was prevented.
"This reporting party saw something, and said something. Had they not, we might have found ourselves as the next municipality in a long list of municipalities that have had shootings," said Griffin.
Hulsey was in possession of four long rifles, over 400 rounds of ammunition, five loaded magazines, three knives, two daggers, handcuffs and a suitcase, according to police.
Two assault rifles in the passenger seat were loaded and the scope caps had been removed, the affidavit reads.
He was planning to carry out the initial murder when the clinic opened, according to police.
Flower Mound police released this list of items found in Hulsey's SUV:
• 1 12-gauge shotgun
• 1 AR-15 long rifle
• 1 .22 long rifle
• 1 30.06 long rifle
• 100 rounds of 9 mm ammunition
• 60 rounds of .223 ammunition
• 80 rounds of shotgun ammunition (00 buckshot and slugs)
• over 200 rounds of .22 ammunition
• 3 loaded .22 caliber 30-round magazines
• 2 loaded .223 30-round magazines
• 3 folding knives
• 2 daggers
• 1 pair of handcuffs
• 3 handcuff keys
• 1 suitcase with clothes
Police said Hulsey had also sent text messages that "appeared to threaten [the man's] life" the morning of the alleged murder attempt.
He has been charged with attempted murder and is cooperating with an investigation.


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When my daughter had been at college in southern Virginia long enough to make close friends, they explained to her the difference between a 'Yankee' and a 'Damned Yankee'. "A Yankee," they told her, "is a northerner who comes to visit the south. A Damed Yankee stays." This was a whole different interpretation for me, because my definition was 'Damned Yankees', a musical with book by George Abbott and Douglass Wallop, music and lyrics by Richard Adler and Jerry Ross, famous for the song 'Whatever Lola Wants, Lola Gets', and starring -- in the original production -- Ray Walston (of 'My Favorite Martian' fame) as Mr. Applegate (a devil), and Gwen Verdon as Lola.
Now I learned that I am a Yankee, and my daughter, who has since settled in North Carolina, is a damned Yankee (she is very amused by this concept, and has adamantly held true to her central New York accent). The thing is, I am increasingly thinking about becoming a damned Yankee because it is too darned expensive to live here. I'm even practicing. "Ah usedta live in South Lansin'," I tell people. "But 25 ye-ahs ago ah moved two miles noth and I lost mah accint!"


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1. Not letting outside pressures get to you:
I've decided that I want a Beyonce belly and a Michelle Obama body. Beautiful, curvy, realistic, and healthy.
2. Drinking water is hard.
I'm not offering a solution It's still hard. I wish God would have made water taste like orange soda or Welch's Grape juice instead of well...water? But drink it.
3. Giving up pork.
SHOUTS OUT TO BACON! Lol I'm trying to limit it to maybe just bacon 1 or 2 times x month and attempting to eat veggie pizzas.
4. Dismissing F*ck boys.
My phone dry anyway.
5. Reclaiming my time.
I can't take back time wasted by mistakes or people, but I can learn to just go with the flow, accept it happened, and see it as a lesson not an L. Time reclaimed.
I had soooooo many good, bad, hilarious, and a few illegal responses to my final question...
How do you Woosahhhh?
Since I'm on my transparent wave, I've decided to share all the responses to my question! I figured someone else may find a new way to chill out and keep it pushing. Honestly, there were so many responses and I was truly blown away by the amount of support and love y'all showed me! Y'all the Hungry Homies for real and I truly appreciate it!
There are times I slip into a slight depression and it's hard to get out of it. Most days I'm solo dolo either out working or working from home and I miss out on that human interaction. This maybe why I freakin love Facetime (shouts out Steve Jobs, bless your soul)! Either way I'm nonstop busy by myself or out working the field with little time for myself and to process things such as sadness, madness, or stress. It usually hits my Friday night and Saturday I low key freak out and anxiety sets in. I always struggled with coping with disappointment growing up and even into my 20's, it hit a head when my grandmother died and I never cried. 6 months later right in middle of my senior year of college it hit me, and I caved to the pressure.
I almost failed out of college, I was ready to drop out, my life was in complete and utter emotional shambles. For the sake of me not liking to write novels lets skip to 2017 where I now know how to accept pain, disappointments, and set backs. For starters, God is good (all the time), secondly I found my strength and my inner calm. This wasn't easy or over night for real, it was top 5 hardest things I've ever had to do. But now I'm happy everyday, I count the smallest wins and don't let the bad things consume me anymore.
So here's the list YOU guys came up with!
(from bottom to top, lol I'm not getting caught up playing favorites)
1. My songwriting and studio sessions are my therapy and my passion.
2. Not sure if you're a big reader but I just read "The Subtle Art of Not Giving a Fuck" by Mark Manson & I would def recommend it to you.
3. Take it all in - the gift & the curse of it, it's all apart of the process. Struggle makes the goal even sweeter once you get through it and still achieve it!
4. Workout, food, runs outside in the park are the best. Did I mention food? And sometimes just saying F it. And binging on Netflix shows.
5. Pure Barre and pizza doll!
6. Drink a healthy level of fuck it everyday with your water. Seriously, what I mean is when things are not going exactly how you want or maybe something is just wayyyyy off simply say fuck it and move on. I've learned that when I do this it helps me not waste time on something that just ain't clicking right and helps me focus on creating something that will. That something is just a small piece of the larger project.
7. Work out and Pray.
8. It's ALL a process I just remember that every step that I take AND every set back is still going to put me in the right direction if I have a positive outlook on it. BTW I drink like 6 bottles of water a day lmao so keep drinking water!
9. Wine. Lots of wine!
10. Cannabinoids!
11. I write. I keep a journal and when I'm sad I write. When I'm happy I write. When I'm angry I write and it really does help. I feel like talking to people, they'll listen and give you their opinions but sometimes that's not always best. When I write down the deepest feelings and talk to God It Helps me through a lot!
12. Simply put, count it ALL joy! Learning to find beauty in hardships and the struggle to better oneself changes the whole paradigm. All of what you described should result in growth and wisdom in some capacity - embrace the process, maintain your joy at all costs, and continue to vibrate higher!
13. Smoke weed. lol
14. It probably isn't the best solution, but I spend the majority of my free time alone. It really allows me the time to think and figure out what the next move is. Just being around people can sometimes stand in the way of that.
15. Girl life is skresssssful. I always feel like I have a million tabs open on a computer (but in my brain). I have to disconnect at times, meditate, just BE STILL. I heard exercising helps.
I'm so humbled by all the responses, even the illegal ones! More importantly, I hope that you guys can gain something insightful from someone else! Awwww look this lil IG community I'm tryna fake create, lol! Hungry Homies y'all lit, keep it up!
(Photo Cred: Keenan Litmon)
Stay hungry my friends...
Young Ray


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Jeff is a loving father who gives everything his all. He is smart, hardworking and loves working on cars. He loves his Raiders nation.
Matt loves long walks on sandy beaches and candle lit dinners. He is a quick learner and is reliable. He brings great value to our team.
Evan loves spending time with family and friends. In is free time he travels quite a bit. He loves moving and serving people.
Each member of the Helping Hands team has been professionally trained on safe lifting and moving techniques and has
undergone an extensive background check to provide you with the highest quality of service in the moving industry.
Cody is the Founder of Helping Hands Moving and Maids. He is a Father, Loves to Travel, and Play sports. He loves to serve others.
Jordan is another driver here. He loves playing sports and spending time in the great outdoors. Very hard working and always smiles.
Todd is a loving father who enjoys spending time with them in his free time. He has a great love for Hockey and Softball as well.
Jeremy is a proud Father of two boys. He enjoys sports, hiking, boating, and just about anything outdoors. The Twilight series has been his go to of late. Haha
Gage is a huge motocross fan and loves spending time with his girlfriend. He is new to the moving business, but a quick learner.
Braxton has a great attitude and works hard day in and day out. He loves the moving business and getting paid to work out.
CRUZ SLEATER " ceo in training "
Lets be honest Cruz truly runs the show around here. He loves sleeping during the day and staying up all night. haha
Utah's Number 1 Local Moving Company. We give back to our community and only hire professional movers. We don't use day laborers. We use our employees only. We offer the Best Services in the industry at a fraction of the price. We are Honest and we do not charge any extra or hidden fees. The rates we offer are the rates that you will get. We communicate and will work with open ears to fulfill any special requests that you may have. All of our movers speak English fluently as their first language. We are Licensed and Insured. We insure all of our employees with workers compensation so that they are covered incase of an accident and you're not held liable. We believe in doing things the right way the first time to give you the peace of mind you deserve hiring professional movers. We are the hardest working in the industry! We will prove it! Here at Helping Hands Moving and Maids we are committed to making your next move stress free and the best yet. We truly appreciate your business and look forward to Lending you Our Helping Hands!
KOLDON SLEATER ceo
Koldon runs the show around here. He loves to ski, play sports, travel, and go to sporting events with Daddy. He loves Pizza!
The exclusive moving company for
Dane is one of our drivers here. He loves meeting new people and serving the great people of Utah. He's a hard working guy.
Bridger loves playing the guitar in his free time and spending time with loved ones. He knows how to work hard and is a team player.
Chad is back with us after a successful college football career at DSU. He's a beast on and off the field. Huge asset to our team.
Tristin is one of our Managers here. He prides himself on paying attention to detail. He has more hops than the Easter Bunny!
Parker loves the moving business and has a great work ethic. He loves spending time with family and friends.
Dear Friends of Helping Hands Moving and Maids,
We would like to extend our thanks to you for making us your choice in Moving and Maid Servicing for the past decade. There are many reasons why we have continued to grow year after year these past 12 years running. We have years of moving experience, and it shows. Not only will we treat you in a respectful manner, our experienced movers will also treat your belongings with the upmost care and respect. We are
Tyson loves spending time with family and friends. He loves serving others and lending his helping hands.
Ron has become a great asset to our team. He loves being active and playing sports. He is always positive and works with a smile.
Travis is a very outgoing, hardworking, and reliable crew member. He's a Self-Starter who gives 100% effort to everything he does. He's been a great asset.
Brian is one of our Managers here. He is a Dirt biking fanatic who isn't afraid to get his hands dirty. He never stops until the job is done.


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First Time Buyer's Guide
Are you a first time home buyer?
Congratulations – it's time to buy your very first home! There's few things more exciting than becoming a homeowner, but it can feel like an extremely daunting step. From getting your first mortgage to dealing with solicitors, it can be hard to know where to begin when you find yourself in unfamiliar territory.
But, don't fret – like having a map before the beginning of an adventure, it's possible to prepare thoroughly before you start house hunting. From knowing what first time buyer mortgage schemes are available to having the necessary questions ready, there's lots to learn. That's why we've put together a first time buyer's guide, designed to offer complete and comprehensive advice on purchasing your first home.
Our tips for buying your first home will soon have you clued up on all the most important things you need to know, helping to make the process as stress-free as possible.


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Long-term care providers dodge bullets in fiscal cliff deal, but CLASS (Act) is outJanuary 03, 2013
Long-term operators are cheering that Congress averted cutting Medicare payments through sequestration this week, and they're glad that another one-year postponement of physician pay cuts didn't come at their expense.
CBO won't have an estimate on Affordable Care Act's deficit impact prior to House repeal voteJuly 10, 2012
The Congressional Budget Office is still assessing the impact of the Supreme Court's Affordable Care Act decision on the federal deficit and won't have an estimate until the end of July. That figure, when it's calculated, could either help or hurt Congressional Republicans' efforts to repeal the law.
Obama administration has missed half of health law's legal deadlines, report claimsJune 07, 2012
The Department of Health and Human Services missed roughly half of its legal deadlines for implementing the Affordable Care Act, a new report from a right-leaning advocacy group asserts.
House GOP continue with CLASS repeal effortsJanuary 18, 2012
With Congress back in session, House Republicans are back at trying to repeal the Affordable Care Act's disability insurance benefit.
CLASS Act remains safe from repeal for rest of the yearDecember 14, 2011
Advocates for the CLASS Act can take some comfort in knowing that efforts for full repeal of the program are at a dead end, at least for the rest of this year.
Providers 'working very hard' to ensure Senate doesn't vote for CLASS Act repealDecember 01, 2011
The House Energy and Commerce Committee voted to repeal the CLASS Act on Wednesday, making a full House vote possible by the end of the year. Meanwhile, providers in favor of the law have intensified efforts to ensure the Senate doesn't follow the House's lead.
CLASS supporters continue calls to revive the programOctober 27, 2011
CLASS proponents received a jolt of support Wednesday when a handful of Democrats advocated giving the long-term care insurance program another chance.
A blow to healthcare reformJanuary 20, 2010
The buzz among long-term care providers today, as expected, is the upset in the Massachusetts Senate race. How healthcare reform will play out now is anyone's guess.


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Holschuh Collision Center began in the 1980's in our owner, Jim Holschuh's parent's garage, and was successful based on word of mouth and referrals. Jim also worked full time for an auto body shop and attended technical college. After completing school, he devoted his time to developing his own business.
Holschuh Collision Center became more established and permanent in 1990 when Jim purchased his own auto body shop facility. This auto body shop could hold 6 to 7 vehicles in need of auto body and collision repairs.
Eventually, Holschuh Collision Center grew from referrals by our wonderful customers, and we moved to our current location in Howard with more square feet, updated features and technology.
Today, all of our auto body technicians and our entire auto body shop are ASE Certified and I-CAR Gold Status Certified. We are proud to offer our customers with the best auto body repairs in the area. We serve the following communities in Wisconsin: Howard-Suamico, Green Bay, Pulaski, DePere and Hobart.


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First off thanks for visiting our website. Thank you for your business. We are a full service restaurant with a tacos stand right outside as you would find in every corner in Mexico. We been in business for 19 years and still going strong. Also available our mobile service for any type of event from birthday parties to weddings to funeral receptions.
We are happy to help you in any way possible. There is no event to big or to small we cannot handle.
feel free to call us our email us too, you can now reach us in our Facebook page don't forget to like our fanpage too Thanks.


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It was once mentioned by a famous diplomat that when China issues a statement, it has thought about the future of its statement 50 years from the present and only then do they let anything out. Talk about being discreet and China walks away as a country where everything is subtle ,no one ,not even their own citizens are aware about what goes on in the highest echelons of the Government of PRC .It then comes as a uneasy surprise when Africa-China relations come out in the open, the bonhomie and outpouring of goodwill from the Chinese side and one wonders where all this sudden affection towards Africa stems from. But then their relationship has a long trade starting from the 14th century and has been getting stronger since the 1950's and to commemorate this growing bond, they even celebrated the 50 years of their relations in the year 2000.
It would do the reader a great deal of good to first understand the entry of China in the African region for the current politics surrounding these two regions is rooted in their relationship since the 1950's.
Phase 1: During the Bandung Conference in 1955, China came into contact with African nations and this initial contact was consolidated during the Cold War when the Sino-Soviet alliance was strong and USA was their adversary. At that time the goal of China was to win new friends and seek new allies to break the American domination.
Phase 2: The second phase of Sino-African interaction occurred from 1960-65, a high point of the African decolonization. Here China sought to support through it's ideological export by supporting freedom movements and establishing the China model of development in Africa for them to emulate .China's aim then was to end western domination and establish itself as the savior by coming out with the new development model .
Phase 3: During the mid-60's China's Africa model shifted from ideology to politics. As late Chinese leader Mao Zedong once said, it was only due to the strong support from Africa, that China successfully regained its lawful seat in the United Nations in 1971. During this time they penetrated into the policies and nation building of Africa by disbursing non-conditional and interest free loans, projects and supply of equipment. It is interesting to note here that these loans and freebies were sent to Africa even while China was in its developing stage and not a fully developed nation.
Phase 4: The 1970's saw a decline in relations between the two sides as China went from being anti-West to slowly moving towards friendship and modernization and closer co-operation with the West. Slowly the aid to African countries started to stagnate ,China began to open up its markets and go the liberalization way.
After taking a sabbatical in the 80's to explore the markets and expand within their own country , China once again renewed its ties with African countries and one of the important reasons was to get support after the Tiananmen Square debacle as it lost support from the world fraternity, mostly the developed countries .The other major reason was that since the 90's ,China started realizing the vast potential and the gold mine of natural resources that these countries had and thus the Chinese policy shifted yet again from ideological to political ,to being economic and symbolic diplomacy.


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Film GuideFilm Guides: Evolving Switches, Evolving BodiesThese classroom-ready resources complement the short film Evolving Switches, Evolving Bodies, which tells the story of the dramatic transformation of stickleback fish as they adapted to living in freshwater habitats drastically different from the ocean.
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